Today’s question deals with a refusal of a Study Permit application. A kababayan’s son has applied for studies in Canada and was accepted. However, his application for a Study permit has been denied multiple times. The Immigration officer in Canadian Embassy in Manila, Philippines has stated each time, that he was not satisfied that the applicant would return to his home country at the conclusion of his studies.
In my years of experience as a Regulated Canadian Immigration Consultant I have to be honest that it is quite difficult to assume the chances of success of a Study Permit application. The likelihood of an application’s success falls in the hands of the Immigration Officer. I have learned though that an application that is genuine and honest will reflect positively to the Officer.
Let us examine Section 216 (1) of the Immigration and Refugee Protection Act (IRPA) states:
Study Permits
216 (1) Subject to subsections (2) and (3), an officer shall issue a study permit to a foreign national if, following an examination, it is established that the foreign national
(a) applied for it in accordance with this Part;
(b) will leave Canada by the end of the period authorized for their stay under Division 2 of Part 9;
(c) meets the requirements of this Part;
(d) meets the requirements of subsections 30(2) and (3), if they must submit to a medical examination under paragraph 16(2)(b) of the Act; and
(e) has been accepted to undertake a program of study at a designated learning institution.
The Immigration officer’s main concern is that the applicant will overstay the temporary period they are authorized to stay and remain in Canada on an unathorized stay. The reason for the refusal needs to be addressed in the next application. The applicant should be able to demonstrate that he would leave Canada at the end of the authorized stay. This is where individual circumstances are important as a defence to the Applicant. Please be mindful that the applicant should remain truthful and transparent in the application while also including strong defences as to why the application should be refused.
The Immigration officer when assessing a Study permit application will look at these factors including but not limited to:
– The length of the time the applicant will be in Canada;
-The means of support the applicant has while in Canada;
-The obligations and ties of the applicant in their home country;
-And the applicant’s degree of compliance with regards to the requirements of the IRPA and the regulations.
I have outlined below some examples in addressing the above factors to allow a stronger application to demonstrate the intent to leave Canada at the end of the authorized stay.
The applicant can highlight family members or children back home, any business in the home country, show an extensive travel history and issuances of temporary visas from home multiple countries and demonstrate that he respected the terms and conditions of the temporary visas issued to him.
Must highlight individual factors since each applicant has different circumstances. Remaining truthful is at all times highly recommended , and will most likely reflect positively to the Immigration Officer making the decision.
If you have questions regarding the above article you may contact Marjorie at [email protected]
Source: Immigration and Refugee Protection Act (IRPA)
A word of caution: You should not act or rely on the information provided in this column. It is not a legal advice. To ensure your interests are protected, retain or formally seek advice from a Regulated Canadian Immigration Consultant (RCIC) in good standing of ICCRC. The views expressed in this article do not necessarily reflect those of RCIC’s.
